The Competition Authority will reduce sanctions for companies that cooperate

The Competition Authority is preparing a new regulation that will provide penalty reductions and even sanction exemptions to companies that cooperate in the disclosure of cartels.

The “Draft Regulation on active cooperation for the purpose of detecting cartels” prepared by the Competition Authority was presented to the public.

The Project regulates the procedures and principles related to not imposing administrative fines specified in the Law or reducing the sanctions that will be imposed on companies and managers and employees of companies that actively cooperate with the Authority to detect cartels prohibited in the Protection Law. of the Competition. .

The regulation aims to prevent cartelization and protect competition.

THE FIRST APPLICANT WILL NOT BE PUNISHED

In this context, to avoid cartelization, before the Competition Board decides to carry out a preliminary investigation, a fine will not be imposed on the first applicant who submits the specified information and documents and meets the conditions, regardless of other participants and cartel facilitators. .

In the new regulation, those who act as cartel intermediaries will also be able to apply as “cartel facilitators.”

Applicants who submit to the Board evidentiary information and documents regarding companies against which a cartel investigation is being carried out, which meet the conditions but cannot benefit from the non-sanction regulation, will receive a reduction in the fines they are imposed on them and their managers and employees may not be sanctioned.

REDUCTION OF PENALTY FOR APPLICANTS FOR PROVIDING EVIDENCE

Within the framework of active cooperation, the penalty to be imposed on the first applicant for the reduction will be reduced by between 25 and 50 percent. The penalty to be imposed on the second applicant in the cartel investigation will be reduced by 20 to 40 percent.

If, as a result of the evidence presented on cartelization, it is necessary to increase the fine due to the prolongation of the duration of the infringement or similar reasons, the applicant who first presented the relevant evidence and his managers and employees actively cooperating with him shall not will be affected by this increase.

The products affected by the cartel that is the subject of the request, its geographical scope, duration, the names and commercial names and addresses of the companies that are part of the cartel and of the facilitators of the cartel, if applicable, the dates, places, participants of the cartel. sign. -Related meetings, tools used for meetings, and other cartel-related information and documents will be presented.

Those under investigation may examine this information, which may be used as evidence, within the Institution after notification of the investigation report.

THE CONTRIBUTION OF THE EVIDENCE WILL BE CONSIDERED

In making its final decision after completion of the investigation, the Board will reduce the sanctions to be imposed on applicants and actively cooperating managers and employees, taking into account the nature, effectiveness and timeliness of the cooperation. Evidence of greater added value will mean a greater discount.

Information and documents submitted by parties whose requests for active cooperation are not accepted because they do not meet the conditions will be excluded from the scope of the file and will not serve as a basis for the final decision adopted as a result of the investigation. (AA)